How long can we keep Ashish Mishra in custody, asks SC
New Delhi: The Supreme Court on Monday asked the Uttar Pradesh government as to how long Ashish Mishra, son of Union minister Ajay Kumar Mishra, can be kept in custody, and directed the sessions court to specify the tentative time schedule for concluding the trial in the case of mowing down of protesting farmers in October 2021 in Lakhimpur Kheri.
The top court also asked the Uttar Pradesh government, which opposed the bail plea of Ashish Mishra terming the offence as "very grave", to file an affidavit with regard to the status of the second case lodged over the killing of three occupants of the SUV, which allegedly mowed down the farmers.
A bench of Justices Surya Kant and Krishna Murari said it needs to balance the interest of all the parties including the accused, the victims and society at large.
"Question is how long can we keep him (Ashish Mishra) in custody. We have to see that the accused, who is inside the jail for over one year, also has rights. Now the charge sheet has been filed and charges have been framed. The victims and witnesses also have their rights. Even society also has interest in the case. Now, we have to balance all the rights in the case," it said.
The bench also asked the Additional District and Sessions judge hearing the second case, related to the killing of the occupants of the car, to consider the desirability of framing charges.
It asked the Registrar (judicial) of the apex court to write to the Additional Sessions Judge, Lakhimpur Kheri, to indicate the time schedule for concluding the trial in the case, keeping in mind other pending cases and already prioritised cases with him.
"He has been inside the jail on our orders. We cannot keep him indefinitely but the question is at what stage should we consider his bail," the bench told Additional Advocate General Garima Prashad, appearing for the Uttar Pradesh government.
Prashad said the charges against him are "very grave" and the charge sheet was filed by the Special Investigation Team (SIT) constituted by the apex court after an elaborate probe.
The bench pointed out since there are 212 witnesses the trial is going to take time.
Prashad said Mishra's discharge application has been dismissed, the charges have been framed by the sessions court and the trial is to commence from December 16.
